Plant Varieties Protection Act 2004 · 2020 Revised Edition · Part 5 · Scope and Nature of Grant of Protection
29. Essentially derived and certain other plant varieties
Feedback & supportWhere a grant of protection is made under section 21, that grant of protection also extends to —
grant of protection
“grant of protection” means a grant of protection made by the Registrar under section 21;
any plant variety which is essentially derived from the plant variety in respect of which the grant of protection was made (called in this section the original plant variety);
any plant variety which is not distinct in accordance with section 22(1)(b) from the original plant variety; and
any plant variety the production of which requires the repeated use of the original plant variety.
For the purposes of this section, a plant variety is to be treated as being essentially derived from the original plant variety if —
plant variety
“plant variety” means a plant grouping within a single botanical taxon of the lowest rank which, irrespective of whether the conditions for a grant of protection are fully met, can be —(a)defined by the expression of the characteristics resulting from a given genotype or a combination of genotypes;(b)distinguished from any other plant grouping by the expression of at least one of those characteristics; and(c)considered as a unit with regard to its suitability for being propagated unchanged;
it is predominantly derived from the original plant variety or from a plant variety that is itself predominantly derived from the original plant variety;
it retains the expression of the essential characteristics that result from the genotype or a combination of genotypes of the original plant variety;
it is clearly distinguishable from the original plant variety; and
except for the differences which result from the act of derivation, it conforms to the original plant variety in the expression of the essential characteristics that result from the genotype or a combination of genotypes of the original plant variety.